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HomeMy WebLinkAboutORD 4666 Replaced by ORD 4689 CITY OF RENTON, WASHINGTON ORDINANCE N0. 4666 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AblENDING TITLE IV (BUILDING REGULATIONS) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING CHpiPTER 38, WIRELESS COb�liJNICATIONS FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I . Title IV (Building Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington�� is hereby amended by adding Chapter 38, Wireless Communications Facilities, which reads as follows : CFiAPTER 3 8 Sn1IRELESS CObmI[JNICATIONS FACILITIES SECTION: 4-38-1 : Purpose and Intent 4-38-2 : Definitions 4-38-3 : Administering and Enforcing Authority 4-38-4 : Telecommunications Act of 1996 4-38-5 : Submittal Requirements 4-38-6 : Permit Fees 4-38-7 : Development Standards for Antennas : Micro Facilities 4-38-8 : Development Standards for Antennas : Mini Facilities 4-38-9 : Development Standards for Antennas : Macro Facilities 4-38-10 : Development Standards for Support Structures : Monopole I 4-38-11 : Development Standards for Support Structures : Monopole �I I 4-38-12 : Development Standards for Support Structures : Lattice Towers 4-38-13 : Additional Permit Criteria for Wireless Communication Facilities 4-38-14 : Conditional Use Permit Criteria 4-38-15 : Airport Restrictions ; 4-38-16 : Exemption 4-38-17 : Obsolescence 4-38-18 : Collocation 4-38-19 : Radio Frequency Standards ORDINANCE N0. 4666 4-38-20 : Permit Limitations 4-38-21 : Alternates and Modifications 4-38-22 : Variances 4-38-23 : Appeals 4-38-24 : Violations and Penalties 4-38-25 : Severability j 4-38-1 : PURPOSE AND INTENT I A. Goals . The purpose of this Chapter is to establish general guidelines for the siting of wireless communications facilities, including towers and antennas . The goals of this Chapter are to: 1 . Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community; 2 . Encourage strongly the joint use of new and existing tower � sites; I 3 . Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal ; 4 . Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and 5 . Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. B. Principal or Accessory Use . Antennas and towers may be considered either principal, accessory or conditional uses . A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot . For purposes of determining whether the installation of a tower or antenna complies with zoning development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots . Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. 4-38-2 : DEFINITIONS Unless the context specifically indicates otherwise, the meaning of terms used in this section shall be as follows : 2 4666 ORDINANCE N0. ACCESSORY ANTENNA DEVICE : An antenna which is less than twelve (12) inches in height or width, excluding the support structure (examples : test mobile antennas and global positioning (GPS) antennas) . ANSI : The American National Standards Institute. A non-profit, privately funded membership organization that coordinates the development of voluntary national standards in the United States . I ANTENNA: Any system of poles, panels, rods, reflecting discs or I'� similar devices used for the transmission or reception of radio i frequency signals . Antennas include the following types : I 1 . Dish antenna: see parabolic antenna. 2 . Omni-directional antenna (also known as a "whip" antenna) transmits and receives radio frequency signals in a three hundred sixty (360) degree radial pattern, and which is up to fifteen (15) feet in height and up to four (4) inches in diameter. 3 . Directional antenna (also known as a "panel" antenna) transmits and receives radio frequency signals in a ' specific directional pattern of less than three hundred sixty (360) degrees . 4 . Panel antenna: see directional antenna. 5 . Parabolic antenna (also known as a dish antenna) is a bowl-shaped device for the reception and/or transmission radio frequency communications signals in a specific directional pattern. 6 . Whip antenna: see omni-directional antenna. ADMINISTRATOR: The Administrator of the Planning/Building/Public Works Department of the City, or any successor office with responsibility for management of the public properties within the City of Renton, or his/her designee . ATTACHED WIRELESS COMMUNICATION FACILITY: A wireless communication facility that is affixed to an existing structure, for example, an existing building, tower, water tank, utility pole, etc. which does not include an additional wireless communication support structure. � COLLOCATION: The use of a single support structure and/or site by more than one wireless communications provider. DEPARTMENT: The Planning/Building/Public Works Department of the City of Renton. EQUIPMENT SHELTER OR CABINET: A room, cabinet or building used to house equipment for utility or service providers . FAA: The Federal Aviation Administration, which maintains stringent regulations for the siting, building, marketing and lighting of cellular transmission antennas near airports or flight paths . 3 ORDINANCE N0. 4666 ' FCC: The Federal Communications Commission, which regulates the licensing and practice of wireless, wireline, television, radio and other telecommunications entities . GUYED TOWER: A freestanding or supported wireless communication support structure which is usually over one hundred (100) feet tall, which consists of inetal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. LATTICE TOWER: A wireless communication support structure which consists of inetal crossed strips or bars to support antennas and related equipment . MACRO FACILITY: An attached wireless communication facility which consists of antennas equal to or less than fifteen (15) feet in height or a parabolic antenna up to one (1) meter (39 . 37 inches) in diameter and with an area not more than one hundred (100) square feet in the aggregate as viewed from any one point . MICRO FACILITY: An attached wireless communication facility which consists of antennas equal to or less than four (4) feet in height (except omni directional antennas which may be up to six (6)' feet in height) and with an area of not more than five hundred eighty (580) square inches in the aggregate (e .g. one (1) foot diameter parabola or two (2) feet x one and one hal f (1 .5) f eet panel) as viewed from any one point . The permitted antenna height includes the wireless communication facility support structure. MINI FACILITY: An attached wireless communication facility which consists of antennas equal to or less than ten (10) feet in height or a parabolic antenna up to one (1) meter (39 .37 inches) in diameter and with an area not more than fifty (50) square feet in the aggregate as viewed from any one point . MONOPOLE I : A wireless communication support structure which consists of a freestanding support structure, less than sixty (60) feet in height, erected to support wireless communication antennas and connecting appurtenances . ' MONOPOLE II : A wireless communication support structure which consists of a freestanding support structure, sixty (60) feet or greater in height, erected to support wireless communication antennas and connecting appurtenances . PROVIDER: A company providing telephone or other communications service. RELATED EQUIPMENT: All equipment ancillary to the transmission and reception of voice and data via radio frequencies . Such equipment may include, but is not limited to, cable, conduit and connectors . RESIDENTIALLY ZONED PARCEL: Any parcel of property with one of the following zoning designations : Resource Conservation (RC) , 4 4666 ORDINANCE NO. Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential- 8 DU/AC (R-8) , Residential-10 DU/AC (R-10) , and Residential-14 DU/AC (R-14) . SUPPORT STRUCTURE: see Wireless Communication Support Structure . TOWER: see Wireless Communication Support Structure. WCF: see Wireless Communication Facility. WIRELESS COMMUNICATION FACILITY (WCF) : An unstaffed facility for the transmission and reception of low-power radio signals usually consisting of an equipment shelter or cabinet, a support structure, antennas (e.g. omni-directional, panel/directional or parabolic) and related equipment, generally contained within a compound. For purposes of this ordinance a WCF includes antennas, support structures and equipment shelters, either separately or in combination. WIRELESS COMMUNICATION SUPPORT STRUCTURE: The structure erected to support wireless communication antennas and connecting appurtenances . Support structure types include, but are not I, limited to, stanchions, monopoles, lattice towers, wood poles or I guyed towers . I 4-38-3 : ADMINISTERING AND ENFORCING AUTHORITY The Administrator and/or his/her designated representatives are responsible for the general administration and coordination of this Chapter. 4-38-4 : TELECOMMUNICATIONS ACT OF 1996 The Federal Telecommunications Act of 1996 requires the City to comply with the following conditions . A. The � City zoning requirements may not unreasonably discriminate among wireless telecommunication providers that compete against one another. B. The City zoning requirements may not prohibit or have the effect of prohibiting the provision of wireless telecommunications service . C. The City must act within a reasonable period of time on requests for permission to place or construct wireless telecommunications facilities . D. A decision by the City denying a request for permission to install or construct wireless telecommunications facilities must be in writing and must be based on evidence in a written record. 5 ORDINANCE N0. 4666 E . If a wireless telecommunications facility meets technical emissions standards set by the FCC, it is presumed safe. The � City may not deny a request to construct a facility on grounds that its radio frequency emissions would be harmful to the environment or the health of residents if those emissions meet FCC standards . I 4-38-5 : SUBMITTAL REQUIREMENTS �, In addition to the information required for a building permit, the I�, following items shall be required for a Wireless Communications �� Facility permit application: i, A. Map of view Area: A diagram or map depicting where within a three mile radius any portion of the proposed facility could be seen. B. Photosimulations : Photosimulations of the proposed facility from affected residential properties and public rights-of-way at varying distances . C. Service Area: A map showing the service area of the proposed � WCF and an explanation of the need for that facility. D. Inventory of Existing Sites : An inventory of the provider' s , existing facilities with the Renton city corporate limits, and any other facilities outside the city limits that is within one-half (1/2) mile of the proposed facility. The inventory is to include specific information about the location, height, and design of each facility. The Department may share such information with other applicants applying for administrative approvals or conditional use permits under this Chapter or other organizations seeking to locate antennas within the City, provided, however that the Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable . E. Site Plan: A site/landscaping plan showing the specific placement of the WCF on the site; showing the location of existing structures, trees, and other significant site features to be retained; and indicating type and locations of existing and new plant materials used to screen WCF components and the proposed color (s) for the WCF. F. Applicant Agreement Statement : A signed notarized statement indicating: 1 . The applicant agrees to allow for the potential collocation of additional WCF equipment by other providers on the applicant ' s structure or within the same site location; and 2 . That the applicant agrees to remove the facility within I six (6) months after that site' s use is discontinued or 6 � ORDINANCE NO. 4666 if the facility falls into disrepair, and restore the site to its pre-existing condition. G. Draft Lease Agreement : A draft lease agreement with the landholder that : 1 . Allows the landholder to enter into leases with other providers; and 2 . Specifies that if the provider fails to remove the facility upon six (6) months of its discontinued use, the responsibility for removal falls upon the landholder. H. Design of Support Structures : A report including a description of the support structure with technical reasons for its design. I . Structural Integrity of Support Structures : Documentation establishing the structural integrity for the support structure' s proposed uses . 4-38-6 : PERMIT FEES The Department shall be responsible for the permitting, inspection and acceptance of all improvements listed in this Chapter, and shall make charge therefore to the applicant . The charges are listed in the Fee Schedule, Chapter l, Title V of City Code. 4-38-7 : DEVELOPMENT STANDARDS FOR ANTENNAS : MICRO FACILITIES A. Definition: MICRO FACILITY: An attached wireless communication facility which consists of antennas equal to or less than four (4) feet in height (except omni directional antennas which may be up to six (6) feet in height) and with an area of not more than five hundred eighty (580) square inches in the aggregate (e .g. one (1) foot diameter parabola or two (2) feet x one and one half (1 . 5) feet panel) as viewed from any one point . The permitted antenna height includes the wireless communication facility support structure . B. Permitted Use : Micro Facilities are a primary permitted use in all zones . i C. Location on Building: A Micro Facility shall be located on existing buildings, poles or other existing support structures . A Micro Facility may locate on buildings and structures provided that the interior wall or ceiling immediately adjacent to the facility is not designated residential space. D., Height : Antennas equal to or less than four (4) feet in height (except omni directional antennas which can be up to six (6) feet in height) and with an area of not more than 7 � 4666 ORDINANCE NO. five hundred eighty (580) square inches in the aggregate (e .g. one (1) foot diameter parabola or two (2) feet x one and one hal f (1 . 5) f eet panel as viewed f rom any one point) ' are exempt from the height limitation of the zone in which they are located. Structures which are nonconforming with respect to height, may be used for the placement of omni directional antennas providing they do not extend more than six (6) feet above the existing structure . Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure . E. Color: A Micro Facility shall be same color as the existing I, building, pole or support structure on which it is proposed ' to be located. F. Equipment Shelters or Cabinets : A shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground. when they cannot be located in buildings or underground, equipment shelters or cabinets shall be fenced, screened and landscaped � in conformance with City Code Section 4-31-34, Landscaping. Landscaping shall include a minimum fifteen (15) foot sight obscuring landscape buffer around the accessory equipment ' facility. Accessory equipment facilities located on the roof of any building shall be enclosed so as to be shielded from view. G. Separation of Facilities : In the following residential zones, Micro Facilities for a specific wireless provider shall be separated by a distance equal to or greater than one thousand three hundred twenty (1, 320) linear feet from other Micro Facilities of the same wireless provider: Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) , and Residential-14 DU/AC (R-14) . 4-38-8 : DEVELOPMENT STANDARDS FOR ANTENNAS : MINI FACILITIES A. Definition: MINI FACILITY: An attached wireless communication facility which consists of antennas equal to or less than ten (10) feet in height or a parabolic antenna up to one (1) meter (39 . 37 inches) in diameter and with an area not more than f if ty (5 0) square feet in the aggregate as viewed f rom any one point . B. Permitted Use or Administrative Conditional Use Permit : Mini Facilities are a primary permitted use in the Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) , and Residential-14 DU/AC (R-14) zones, provided that the site is over one (1) acre in size, and the facility has minimum setbacks of one hundred feet (100) feet from any adjacent residentially zoned parcel . Mini Facilities may be 8 � � 4666 ORDINANCE NO. allowed with an administrative conditional use in these zones if the site is under one (1) acre or the setbacks are less than one hundred (100) feet from any adjacent residentially zoned parcel . Mini Facilities are a primary permitted use in all other zones if the facility has a minimum setback of one hundred (100) feet from any residentially zoned parcel . Mini Facilities may be allowed with an administrative conditional use in these zones if the setbacks are less than one hundred (100) feet from any adjacent residentially zoned parcel . C. Location on Buildings : A Mini Facility may be located on buildings and structures provided that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space . D. Color: A Mini Facility shall be the same color as the existing building, pole or support structure on which it is proposed to be located. E . Equipment Shelters or Cabinets : A shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground. When they cannot be located in buildings or underground, equipment shelters or cabinets shall be fenced, screened and landscaped in conformance with City Code Section 4-31-34, Landscaping. Landscaping shall include a minimum fifteen (15) foot sight obscuring landscape buffer around the accessory equipment facility. Accessory equipment facilities located on the roof of any building shall be enclosed so as to be shielded from view. F. Height : Mini Facilities shall comply with the height limitation specified for all zones except as follows : Omni directional antennas may exceed the height limitation by ten (10) feet, or in the case of nonconforming structures the antennas may exceed the height limitation if affixed to the side of an existing nonconforming building and blends in architecturally with the building. In the case of a , nonconforming structure the antennas may extend fifteen (15) ' feet above the existing structure . Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. G. Separation of Facilities : In the following residential zones, Micro Facilities for a specific wireless provider shall be separated by a distance equal to or greater than one thousand three hundred twenty (1, 320) linear feet from other Micro Facilities of the same wireless provider: Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) , and Residential-14 DU/AC (R-14) . 9 4666 ORDINANCE NO. 4-38-9 : DEVELOPMENT STANDARDS FOR ANTENNAS : MACRO FACILITIES I A. Definition: MACRO FACILITY: An attached wireless communication facility which consists of antennas equal to or less than fifteen (15) feet in height or a parabolic antenna up to one (1) meter (39 .37 inches) in diameter and with an area not more than one hundred (100) square feet in the aggregate as viewed from any one point . B. Administrative Conditional Use Permit/Permitted Use: Macro Facilities may be allowed with an administrative conditional use permit in the Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) , and Residential-14 DU/AC (R-14) zones, provided that the site is over one (1) acre in size, and the facility has minimum setbacks of one hundred (100) feet from any adjacent residentially zoned parcel . Macro Facilities may be allowed with a Hearing Examiner conditional use in these zones if the site is under one (1) acre or the setbacks are less than one hundred (100) feet from any adjacent residentially zoned parcel . Macro Facilities are a primary permitted use in all other zones if the setback for the facility is a minimum of one hundred (100) feet from any adjacent residentially zoned parcel . I Macro Facilities may be allowed with an administrative conditional use permit in these zones if the setback is less than one hundred (100) feet from any adjacent residentially zoned parcel . C. Location on Building: A Macro Facility may be located on buildings and structures provided that the immediate interior ' wall or ceiling adjacent to the facility is not a designated residential space. D. Color: A Macro Facility shall be the same color as the existing building, pole or support structure on which it is proposed to be located. � E . Equipment Shelter or Cabinet : A shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground. When they cannot be located in buildings or underground, equipment shelters or cabinets shall be fenced, screened and landscaped in conformance with City Code Section 4-31-34, Landscaping. Landscaping shall include a minimum fifteen (15) foot sight obscuring landscape buffer around the accessory equipment facility. Accessory equipment facilities located on the roof of any building shall be enclosed so as to be shielded from view. F. Height : Macro Facilities shall comply with the height limitation specified for all zones except as follows : Omni directional antennas may exceed the height limitation by 10 4666 ORDINANCE N0. fifteen (15) feet, or in the case of nonconforming structures the antennas may extend fifteen (15) feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing building and architecturally blends in with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure . � G. Separation of Facilities : In the following residential zones, Macro Facilities for a specific wireless provider shall be separated by a distance equal to or greater than one thousand three hundred twenty (1, 320) linear feet from other Macro Facilities of the same wireless provider: Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) , and Residential-14 DU/AC (R-14) . 4-38-10 : DEVELOPMENT STANDARDS FOR SUPPORT STRUCTURES : MONOPOLE I A. Definition: MONOPOLE I : A wireless communication support , structure which consists of a freestanding support structure, ' less than sixty (60) feet in height, erected to support wireless communication antennas and connecting appurtenances . B. Hearing Examiner Conditional Use Permit : Monopole I Facilities may be allowed with a Hearing Examiner conditional use permit in the Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) , and Residential-14 DU/AC (R-14) zones, provided that the site is over one (1) acre in size, and the , facility has minimum setbacks of one hundred (100) feet from any adjacent residentially zoned parcel . Monopole I Facilities are prohibited in the Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) , and Residential-14 DU/AC (R-14) zones if the site is less than one (1) acre in size, or has minimum setbacks of less than one hundred (100) feet from any adjacent residentially zoned property. C. Administrative Conditional Use Permit : Monopole I Facilities may be allowed with an Administrative conditional use permit in the Residential Multi-Family (RM) , Center Neighborhood (CN) , Center powntown (CD) , Center Office Residential (COR) and Convenience Commercial (CC) zones if the facility has minimum setbacks of one hundred (100) feet from any adj acent residentially zoned parcel . Monopole I Facilities may be allowed with a Hearing Examiner conditional use permit in the Residential Multi-Family (RM) , Center Neighborhood (CN) , Center powntown (CD) , Center Office Residential (COR) and Convenience Commercial (CC) zones if the minimum setbacks are less than one hundred (100) feet from any adjacent residentially zoned property. il � 4666 ORDINANCE N0. D. Permitted Use: Monopole I Facilities are a primary permitted use in the Commercial Arterial (CA) , Commercial Office (CO) , Light Industrial (IL) , Medium Industrial (IM) and Heavy Industrial (IH) zones if the facility has minimum setbacks of i one hundred (100) feet from any adjacent residentially zoned parcel . Monopole I Facilities may be allowed with an administrative conditional use permit in the Commercial Arterial (CA) , Commercial Office (CO) , Light Industrial (IL) , Medium Industrial (IM) and Heavy Industrial (IH) zones if the minimum setbacks are less than one hundred (100) feet from any adjacent residentially zoned property. E . Maximum Height : The maximum permitted height for a Monopole I Facility shall be less than sixty (60) feet . F. Antenna Height : Antennas equal to or less than fifteen (15) feet in height or up to four (4) inches in diameter may be a component of a Monopole I Facility. Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the Monopole I wireless communications support structure. For example, the • maximum height for a Monopole I shall be sixty (60) feet and maximum height of antennas which may be installed on the support structure could be fifteen (15) feet, making the maximum permitted height of the support structure and antennas seventy-five (75) feet (sixty (60) feet plus fifteen (15) feet) . G. Antennas : Macro facilities are the largest attached wireless communication facilities allowed on a Monopole I Facility. H. Equipment Shelters or Cabinets : A shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the Monopole I facilities shall be concealed, camouflaged or placed underground. When they cannot be located in buildings or underground, equipment shelters or cabinets shall be fenced, screened and landscaped in conformance with City Code Section 4-31-34, Landscaping. Landscaping shall include a minimum fifteen (15) foot sight obscuring landscape buffer around the accessory equipment facility. Accessory equipment facilities located on the roof of any building shall be enclosed so as to be shielded from view. I . Landscaping: Monopole I Facilities shall be landscaped in conformance with City Code Section 4-31-34, Landscaping. A minimum landscaping area of fifteen (15) feet shall be required surrounding the facility. Landscaping shall include trees, shrubs and ground cover. The required landscaped areas shall include an irrigation system. 12 � ORDINANCE N0. 4666 4-38-11 : DEVELOPMENT STANDARDS FOR SUPPORT STRUCTURES : MONOPOLE II A. Definition: MONOPOLE II : A wireless communication support � structure which consists of a freestanding support structure, sixty (60) feet or greater in height, erected to support wireless communication antennas and connecting appurtenances . B. Prohibited Zones : Monopole II Facilities are prohibited in the Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) , and Residential-14 DU/AC (R-14) zones . C. Hearing Examiner Conditional Use Permit : Monopole II Facilities may be allowed with a Hearing Examiner conditional use permit in the Residential Multi-Family (RM) , Center Neighborhood (CN) , Center powntown (CD) , Center Office Residential (COR) and Convenience Commercial (CC) zones . Monopole II Facilities are prohibited in these zones if ' located within three hundred (300) feet of a Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) or Residential-14 DU/AC (R-14) zone . D. Administrative Conditional Use Permit : Monopole II Facilities may be allowed with an administrative conditional use permit in the Commercial Arterial (CA) , Commercial Office (CO) , Light Industrial (IL) , Medium Industrial (IM) and Heavy Industrial (IH) zones . Monopole II Facilities are prohibited in these zones if located within three hundred (300) feet of a Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) or Residential-14 DU/AC (R-14) zone. E. Height : The maximum permitted height for a Monopole II Facility shall be thirty-five (35) feet higher than the regular permitted maximum height for the applicable zoning district, or one hundred fifty (150) feet, whichever is less . F. Antennas : Macro Facilities are the largest permitted attached wireless communication facilities allowed on a Monopole II facility. Antennas which extend above the Monopole II wireless communications support structure shall not be calculated as part of the height of the wireless communications support structure. For example, the maximum height for a Monopole II facility shall be one hundred fifty (150) feet and the maximum height of antennas which may be installed on the support structure could be fifteen (15) feet, making the maximum permitted height of the support structure and antennas one hundred sixty-five (165) feet (one hundred fifty (150) feet plus fifteen (15) feet) . 13 4666 ORDINANCE N0. G. Equipment Shelters or Cabinets : A shelter or cabinet used to I house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the Monopole II Facility support structure shall be concealed, screened, camouflaged or placed underground. When they cannot be located in buildings or underground, equipment shelters or cabinets shall be fenced, screened and landscaped in conformance with City Code Section 4-31-34, Landscaping. Landscaping shall include a minimum fifteen (15) foot sight obscuring landscape buffer around the accessory equipment facility. Accessory equipment facilities located on the roof of any building shall be enclosed so as to be shielded from view. H. Landscaping: Monopole II Facilities shall be landscaped in conformance with City Code Section 4-31-34, Landscaping. A minimum landscaping area of fifteen (15) feet shall be required surrounding the facility. Landscaping shall include trees, shrubs and ground cover. The required landscaped areas shall include an irrigation system. � 4-38-12 : DEVELOPMENT STANDARDS FOR SUPPORT STRUCTURES : LATTICE TOWERS A. Definition: LATTICE TOWER: A wireless communication support structure which consists of inetal crossed strips or bars to support antennas and related equipment . B. Prohibited Zones : Lattice Towers are prohibited in the Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) , and Residential-14 DU/AC (R-14) zones . C. Hearing Examiner Conditional Use Permit : Lattice Towers may ' be allowed with a Hearing Examiner conditional use permit in the Residential Multi-Family (RM) , Center Neighborhood (CN) , Center powntown (CD) , Center Office Residential (COR) and Convenience Commercial (CC) zones . Lattice Towers are prohibited in these zones if located within three hundred (300) feet of a Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) or Residential-14 DU/AC (R-14) zone. D. Administrative Conditional Use Permit : Lattice Towers may be allowed with an administrative conditional use permit in the Commercial Arterial (CA) , Commercial Office (CO) , Light Industrial (IL) , Medium Industrial (IM) and Heavy Industrial (IH) zones . Lattice Towers are prohibited in these zones if located within three hundred (300) feet of a Resource Conservation (RC) , Residential-1 DU/AC (R-1) , Residential-5 DU/AC (R-5) , Residential-8 DU/AC (R-8) , Residential-10 DU/AC (R-10) or Residential-14 DU/AC (R-14) zone. 14 1 4666 ORDINANCE N0. E . Height : The maximum permitted height for a Lattice Towers I shall be thirty-five (35) feet higher than the regular permitted maximum height for the applicable zoning district, or one hundred fifty (150) feet, whichever is less . F. Antennas : Macro Facilities are the largest permitted attached wireless communication facilities allowed on a Lattice Towers . Antennas which extend above the Lattice Towers wireless communications support structure shall not be calculated as part of the height of the wireless communications support structure. For example, the maximum height for a Lattice Towers shall be one hundred fifty (150) feet and the maximum height of antennas which may be installed on the support structure could be fifteen (15) feet, making the maximum permitted height of the support structure and antennas one hundred sixty-five (165) feet (one hundred fifty (150) feet plus fifteen (15) feet) . G. Equipment Shelter or Cabinet : A shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the Lattice Towers support structure shall be concealed, screened, camouflaged or placed underground. When they cannot be located in buildings or underground, equipment shelters or cabinets shall be fenced, screened and landscaped in conformance with City Code Section 4-31-34, Landscaping. , Landscaping shall include a minimum fifteen (15) foot sight obscuring landscape buffer around the accessory equipment facility. Accessory equipment facilities located on the roof of any building shall be enclosed so as to be shielded from view. H. Landscaping: Lattice Towers shall be landscaped in conformance with City Code Section 4-31-34, Landscaping. A minimum landscaping area of fifteen (15) feet shall be required surrounding the facility. Landscaping shall include trees, shrubs and ground cover. The required landscaped areas shall include an irrigation system. 4-38-13 : ADDITIONAL PERMIT CRITERIA FOR WIRELESS COMMUNICATIONS FACILITIES The following criteria shall be met before a building permit can be granted: A. Visual Impact 1 . Antenna Height : Antennas may not extend more than fifteen (15) feet above their supporting structure, monopole, lattice tower, building or other structure . 2 . Existing Character: Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zone district to the extent consistent with the function of the 15 1 ORDINANCE N0. 4666 communications equipment . Wireless communication towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent pract.ical . Existing on-site vegetation shall be i preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area. 3 . Screening of Equipment Shelters and Cabinets : Accessory equipment facilities used to house wireless communications equipment should be located within buildings or placed underground when possible. When they cannot be located in buildings, equipment shelters or cabinets shall be fenced, screened and landscaped in � conformance with City Code Section 4-31-34, Landscaping. Landscaping shall include a minimum fifteen (15) foot sight obscuring landscape buffer around the accessory equipment facility. Accessory equipment facilities located on the roof of any building shall be enclosed so as to be shielded from view. 4 . Exposed Metal Surfaces : Accessory equipment facilities � may not be enclosed with exposed metal surfaces . B. Noise Levels : No equipment shall be operated so as to produce noise in levels above forty-five (45) dB as measured from the nearest property line on which the attached wireless communication facility is located. Operation of a back-up ' power generator in the event of power failure or the testing of a back-up generator between 8 a.m. and 9 p.m. are exempt from this standard. No testing of back-up power generators shall occur between the hours of 9 p.m. and 8 a.m. C. Fencing: Security fencing, if used, shall be painted or coated with a nonreflective color. Fencing shall comply with the requirements listed in City Code 4-31-15 (C) , Fences and Hedges . , D. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views . Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light �' within the boundaries of the site . E . Advertising: No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic '� on any adjacent roadway shall be placed on or affixed to any ' part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. 16 � 4666 ORDINANCE N0. � F. Building Standards : Wireless Communication Support Structures shall be constructed so as to meet or exceed the most recent Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent) , as it may be updated or amended. Prior to issuance of a building permit the building official shall be provided with an engineer' s certification that the support structure' s design meets or exceeds those standards . A Wireless Communications Support Structure shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunications towers . 4-38-14 : CONDITIONAL USE PERMIT REVIEW CRITERIA A. Applicability: The governing authority may grant, with or without conditions, or deny the requested conditional use permit . The governing authority may limit the term and duration of the conditional use permit . Conditions imposed by the governing authority shall reasonably assure that nuisance or hazard to life or property will not develop. B. Conditional Use Criteria: The governing authority shall consider the following factors in determining whether to issue a conditional use permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority, concludes that the goals of this ordinance are better served thereby. 1 . Height of the proposed tower. 2 . Proximity of the tower to residential structures and residential district boundaries . 3 . Nature of uses on adjacent and nearby properties . 4 . Surrounding topography. 5 . Surrounding tree coverage and foliage . 6 . Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness . 7 . Proposed ingress and egress . 8 . Potential noise, light and glare impacts . 9 . Availability of suitable existing towers and other structures . 4-38-15 : AIRPORT RESTRICTIONS A. Airport Regulations : All wireless communications facilities and attached wireless communications facilities must comply with the Airport Zoning regulations, as listed in City Code 4-31-17 . 17 4666 ORDINANCE NO. B. Notice to FAA: A Notice of Proposed Construction shall be submitted to the FAA a minimum of thirty (30) days prior to the issuance of any building permit for any wireless communications support structure or attached wireless ! communications facilities . 4-38-16 : EXEMPTION A. Exemptions from Conditional Use Permit : The following are exempt from the requirement of a conditional use permit, and shall be considered a permitted use in all zones where attached wireless communications facilities are permitted: Minor modifications of existing wireless communications facilities, whether emergency or routine, so long as there is little or no change in the visual appearance, as determined by the Administrator. B. Amateur Radio, Receive Only Antennas : This Chapter shall not govern any tower, or installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is � used exclusively for receive only antennas . 4-38-17 : OBSOLESCENCE Any wireless communications facility or attached wireless communications facility that is no longer needed and its use is discontinued shall be reported immediately by service provider to the Administrator. Discontinued facilities shall be decommissioned and removed by the facility owner within six (6) months of the date it ceases to be operational or if the facility falls into disrepair, and the site restored to its pre-existing condition. 4-38-18 : COLLOCATION A. Availability of Suitable Existing Towers or Other Structures : No new wireless communications support structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant ' s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant ' s proposed antenna may consist of any of the following: 1 . No existing towers or structures are located within the geographic area required to meet applicant ' s engineering � requirements . 2 . Existing towers or structures are not of sufficient height to meet applicant ' s engineering requirements . 3 . Existing towers or structures do not have sufficient structural strength to support applicant ' s proposed antenna and related equipment . 4 . The applicant ' s proposed antenna would cause electromagnetic interference with the antenna on the 18 ; 1 ' ORDINANCE N0. 4666 existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant ' s proposed antenna. 5 . The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. 6 . The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. B. Cooperation in Collocation Efforts : A permittee shall cooperate with other WCF providers in collocating additional antennas on support structures and/or on existing buildings ' provided said proposed collocators have received a building permit for such use at said site from the City. A permittee shall exercise good faith in collocating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level of impairment of the ability to provide the permitted use (i .e . , a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden) . Such good faith shall include sharing technical information to evaluate the feasibility of collocation. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other ! users, the City may require a third party technical study at the expense of either or both the applicant and permittee . C. Reasonable Efforts : All applicants shall demonstrate reasonable efforts in developing a collocation alternative for their proposal . 4-38-19 : RADIO FREQUENCY STANDARDS A. Verification of Compliance : The applicant shall comply with Federal standards for radio frequency emissions . Within sixty (60) days after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site and compares the results with established Federal standards . Said report shall be subject to review and approval of the Administrator for consistency with Federal standards . If on review, the City finds that the WCF does not meet Federal standards, the City may revoke or modify , this permit . B. Interference with Local TV or Radio: The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts . If on review the City finds that the WCF interferes with such 19 ' ORDINANCE NO. 4666 reception, and if such interference is not remedied within thirty (30) days, the city may revoke or modify this permit . 4-38-20 : PERMIT LIMITATIONS A. Hold Harmless Agreement : The permittee/operator of a WCF shall and does, upon approval of the building permit, agree to indemnify, protect, defend and hold harmless the City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys ' fees (collectively, "liabilities" ) incurred by the City arising, directly or indirectly, from: a) City' s approval and issuance of this building permit; b) City' s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein; and c) Applicant ' s installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions . Permittee/operator compliance with this section is an express condition of the building permit and this provision shall be binding on any and all of the permittee' s/operator' s successors and assigns . B. Maintenance : The applicant shall maintain the WCF to standards that may be imposed by the City at the time of the granting of a permit . Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the City may undertake the maintenance at the expense of the applicant or terminate the permit, at its sole option. C. Change of Ownership: The applicant shall notify the Department of all changes in ownership or operation of the facility within sixty (60) days of the change . 4-38-21 : ALTERNATES AND MODIFICATIONS A. Alternates : The provisions of this Chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this Chapter, provided any alternate has been approved and its use authorized by the Administrator or his/her designee. The Administrator may approve any such alternate, provided he/she finds that the proposed design and/or methodology is satisfactory and complies with the provisions of this Chapter and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Chapter in suitability, strength, effectiveness, durability, safety, maintainability and environmental protection. 20 ORDINANCE NO. 4666 The Administrator may require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use . B. Modifications : Whenever there are practical difficulties involved in carrying out the provisions of this Chapter, the Administrator may grant modifications for individual cases provided she/he shall first find that a special individual reason makes the strict letter of this Chapter impractical, that the modification is in conformity with the intent and purpose of this Chapter, and that such modification: 1 . Will meet the objectives and safety, function, environmental protection and maintainability intended by � the requirements of this Chapter, based upon sound engineering judgment . 2 . Will not be injurious to other property(s) in the vicinity. 4-38-22 : VARIANCES A. Variance Requirements : A variance from the requirements of this ordinance may be approved by the Hearing Examiner when undue hardship may be created as a result of strict I compliance with the provisions of this ordinance . In � recommending or approving any variance, the Hearing Examiner may prescribe conditions that he/she deems necessary to or desirable for the public interest . No variance shall be approved or recommended unless the Hearing Examiner finds : 1 . That there are special physical circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would j deprive the applicant of the reasonable use or development of his land; and 2 . That the variance is necessary to insure such property the rights and privileges enjoyed by other properties in the vicinity and under similar circumstances; and 3 . That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity. i B. Applications Required: Application for any variance shall be submitted in writing by the applicant at the time the permit application is submitted to the Department . The application shall state fully all substantiating facts and evidence pertinent to the request . C. variance Fees : The appropriate fees shall be paid at time of application as required in City Code Section 5-1-1 . I 21 4666 ORDINANCE NO. 4-38-23 : APPEALS Any decision made in the administrative process described in this Chapter may be appealed pursuant to Section 4-8-11 of this Title. Any appellant must be seeking to protect an interest that is arguably within the zone of interest to be protected or regulated by this chapter, must allege an injury in fact, and that injury must be real and present �rather than speculative . 4-38-24 : VIOLATIONS AND PENALTIES Violations of the provisions of this Chapter will be a civil � infraction and punishable under Chapter 33, Title IV of the City Code . 4-38-25 : SEVERABILITY - If any provision of this Chapter or its application to any person or property is held invalid by a court of competent jurisdiction, the remainder of the Chapter or the application of the provision . to other persons or circumstances shall not be affected. i 1 SECTION II. The City Council of the City of Renton hereby ', declares an emergency and this Ordinance shall be effective upon I its adoption. PASSED BY THE CITY COUNCIL this 2nd day of June , 1997 . � Marilyn J. etersen, City Clerk APPROVED BY THE MAYOR this 2nd day of June , 1997 . -�-t�� Jes e Tanner, Mayor Approv d as to form: G���ntJ.�.�-- ` Lawrence J. Warren, City Attorney Date of Publication: June 6, 1997 ORD. 659 : 6/04/97 :as . 22